Study On The Problems And Countermeasures Of Medicine Supervision Enforcement

Medicine, as the special commodity that is closely connected with people’s daily life,plays great role of protecting, curing, diagnosing and regulating in people’s health. In order tostrengthen the supervision of medicine industry and guarantee medicine quality, in1985, ourcountry began to carry out medicine supervision by standardizing the operation role ofmedicine production, hitting criminal action, greatly protecting the medicine’s safety andeffectiveness. In recent years, with the appearance of the problems of medicine safety eventand medicine false advertisement, how to effectively carry out medicine supervision hasbecome a hot topic of the government and the academic circles.The thesis consists of two parts, introduction and main part. The introduction mainlyintroduces the research background and the present situation of medicine supervisionenforcement, makes an explanation for the research idea and research methods, and analysesthe innovations and shortcomings. The parts is also consisted of3parts, on the basis oftheoretical basis and fundamental situation of medicine supervision enforcement, analyzingthe main problems and causes of it and giving forth the countermeasures.The first part is the summary of medicine supervision law enforcement. In this part, itgives forward the implication, characteristics and ideas of medicine supervision lawenforcement through the study of some viewpoints. Medicine supervision law enforcement isthe law norm action for medicine supervision industry to carry out. It is with thecharacteristics of legality, fairness, reasonableness, effectiveness and for-people. Secondly, itintroduces the basic situation of our country’s medicine supervision in law system, institutionsetup, administrative penalty and procedure, and the problems that it faces, such as thedifferent inner quality of the medicine market subjects, the more advanced and secret methodsof illegal trades; the rising consciousness of the public for the medicine safety and theshortage of the public for medicine knowledge; the challenge that the law enforcement teamfaces, the relatively lagging situation of the law ground.The second part demonstrates according to the3kinds of problems of medicinesupervision with cases, analyzing its causes and putting forward the self viewpoint. The firstclass of illegal medicine advertisements reflects the problem that the divided-by-linkssupervision and the supervision of other supervision department could not connect closely, forthe divided-by-links supervision could lead to unsmooth system, inability of punishment,not-in-place practical administration. The ability of second class of law supervision is weak with the embodiment of weak thinking ability of law-enforcer, ineffectiveness of lawenforcement, substandard liberal judgment, in which the root of the weak thinking ability isbecause the administrative illegal action does not have a unified standard, the law enforcersare lack of law knowledge, the enforcement idea could not closely integrated with law spirit;the law enforcement is not effective because the enforcement action does not have clearintroduction standard, the methods are simple, and the management model is backward; theliberal judgment is not normative because the clauses of the law is summarized, the individualdiathesis is not high, and the supervision system is not so able. The third class of informationpublic works is still necessary to be enhanced for the regional protectionism, the thought oftroubleness, maintenance of market stableness, the lack of standards.The third part puts forward the countermeasures of medicine supervision, in which itconsists of6parts: the first suggest the country should enhance the construction of lawenforcer team by unceasingly enriching the law enforcers’ knowledge reserve, widening theeducation content, launching law enforce idea education, enhancing the training quality byshowing cases; practice law enforce standard to normalize its action; to carry out key-postwork shift to avoid corrupt and to prompt staff’s quality. The second is to innovate lawenforce union mechanism, making the union’s duties clear, especially the duties of thekey-link department; to increase the extent of calling to account; to improve the mechanism ofthe joint council’s transition, feedback, openness and communication. The third is to improveadministrative law enforcement supervision mechanism, including building inner supervisionmechanism, law enforcement guarantee mechanism, and piloting mechanism, exploring toconstruct case-instruction system. The forth is to strengthen information disclosure publicityby strengthening the information disclosure of the government and the entrepreneur, and atthe same time enhancing law enforcement work publicity. The fifth is to construct theentrepreneur’s faith system by improve its faith contents, constructing faith–breakingmechanism to moving the social faith system forward. The sixth is to innovatelaw-enforcement model, putting forward the necessity and key contents of the construction ofelectronic supervision platform.